Judge dismisses Lance Armstrong's suit, says he can refile

By Kelly Whiteside, USA TODAY

A district judge dismissed Lance Armstrong's federal lawsuit Monday, saying the seven-time Tour de France winner seemed more interested in currying favor with the public than presenting the facts of the case.

By Mario Tama, Getty Images

Lance Armstrong could be stripped of his seven Tour de France titles if he is found guilty by the USADA.

Lance Armstrong could be stripped of his seven Tour de France titles if he is found guilty by the USADA.

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U.S. District Judge Sam Sparks wrote "this Court is not inclined to indulge Armstrong's desire for publicity, self-aggrandizement," and sharply criticized the length of the 80-page complaint.

Armstrong filed the lawsuit Monday morning in an attempt to stop the U.S. Anti-Doping Agency from pursuing its charge that he used performance-enhancing drugs throughout his career. He has always denied doping.

By late afternoon, Sparks had dismissed the case but did not rule on the merits of the lawsuit and will allow Armstrong's attorneys to refile it. The suit argues that USADA violates athletes' constitutional right to a fair trial.

Instead, Sparks said the lawsuit did not comply with the Federal Rules of Civil Procedure which "demand a short and plain statement of detailed facts, not a mechanical recital of boilerplate allegations, nor …a lengthy and bitter polemic against the named defendants. "

In other words, Sparks said Armstrong needs a good editor.

Spark's legal smackdown continued: "Contrary to Armstrong's apparent belief, pleadings filed in the United States District Courts are not press releases, internet blogs, or pieces of investigative journalism," he wrote.

Armstrong attorney Tim Herman told the Associated Press he intends to refile the suit, possibly as soon as Tuesday.

"When (Sparks) speaks, I listen," Herman told AP. "It doesn't change the legal issues involved or any of the relief that we seek."

Armstrong had hoped to receive an injunction by Saturday, the deadline to accept USADA's sanctions, which would include a lifetime ban and the loss of his seven Tour titles, or inform USADA that he plans to challenge its evidence before an arbitration panel.

If the case moves forward to arbitration, Armstrong's case will proceed before a three-person panel. USADA would select an arbitrator, Armstrong's attorneys would choose a second and then those two arbitrators would pick a third arbitration panelist. In the lawsuit, Armstrong called the panel "an arbitration regime," which the agency "has populated with arbitrators who predictably find in USADA's favor."

Once the arbitration panel rules, either side can appeal the decision to the Court of Arbitration for Sport.

The anti-doping agency says as many as 10 former teammates and associates are willing to testify against Armstrong and that it has blood samples from 2009-10 that are "fully consistent" with doping. Armstrong, who retired in 2011, says he has passed more than 500 drug tests in his career and was never flagged for a positive test.

Two legal experts said Monday that Armstrong might be facing an uphill climb.

"I'm a little bit in the dark because, like everybody else, I don't know exactly who is going to testify," said Michael S. Straubel, a Valparaiso University law professor specializing in sports law.

"That makes it difficult. The fact that there are potentially 10 people out there who would say they saw him do it, that's pretty strong.

"On the other hand, in the case filed today, there are some really strong procedural arguments. I think USADA has a burden to overcome those 500 clean tests. It's almost as if USADA has to argue that their testing procedures are not reliable.

"I think it's a close case on both sides."

Leigh Steinberg, attorney and longtime sports agent, said it might be difficult to challenge USADA's procedures. "This is the same (USADA) process that has been used in other cases. It's hard to understand how USADA would have brought the case if they didn't really think it was true. Yet, if he's convicted, it will be a sad day in sports.

"No one wants this to be true. Lance Armstrong has been a stalwart role model in his efforts on cancer research, just a monumental figure."

Contributing: David Leon Moore

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